V.Deepika v. The Home Secretary,

ORDER

M.S.RAMESH, J. and

V.LAKSHMINARAYANAN, J. This Writ Petition has been filed to direct the second respondent to permanently transfer the petitioner's brother Jeevanantham @ Jeeva, S/o.Madheshwaran, Convict Prisoner No.945, PID No.241081, who is presently lodged at Central Prison, Coimbatore, to Central Prison, Salem.

¶2The petitioner states that her brother was convicted for the offence under Sections 363 IPC and 5(1) r/w 6 of POCSO Act and sentenced to undergo imprisonment for 10 years by the Fast Track Mahila Court, Nammakkal. Initially, he was detained at Central Prison, Salem and was later transferred to Central Prison, Coimbatore. Since the petitioner's parents are senior citizens and facing difficulties in visiting the prisoner at a location far from their residence, the prisoner made a representation dated 26.02.2025 before the second respondent seeking to transfer the him from Central Prison, Coimbatore to Central Prison, Salem. Since the same has not been considered till date, the petitioner has come forward with this Writ Petition.

¶3Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

¶4It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

¶5In view of the above observation, this Court, without going into the merits of the representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the second respondent to consider the representation of the petitioner's brother dated

26.02.2025, seeking to transfer the him from Central Coimbatore to Central Prison, Salem, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.

¶6With the above direction, this Criminal Writ Petition stands disposed of. No costs. [M.S.R., J] [V.L.N., J]

22.08.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu To

1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai-600 009

2.The Director General of Prisons, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008

3.The Superintendent of Prison, Central Prison, Coimbatore

4.The Superintendent of Prison, Central Prison, Salem

5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J. and

V.LAKSHMINARAYANAN, J. Anu

22.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.08.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN V.Deepika ...Petitioner/ sister of the detenue Vs. 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai-600 009 2.The Director General of Prisons, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008 3.The Superintendent of Prison, Central Prison, Coimbatore 4.The Superintendent of Prison, Central Prison, Salem ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the second respondent to permanently transfer the petitioner's brother Jeevanantham @ Jeeva, S/o.Madheshwaran, Convict Prisoner No.945, PID No.241081, who is presently lodged at Central Prison, Coimbatore, to Central Prison, Salem. For Petitioner : Mr.P.M.Basil For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor